New Defendant in NC and Final Briefing Filed by Appellant

Xander Guy resigned as chair of the North Carolina Alcohol Beverage Control.  He was the Respondent in this case until this week when his replacement was confirmed.  Hank Bauer is the new Defendant in the retailer challenge to NC laws. The Appellant has filed its response to the state and amicus briefs.  They argue that…Read More

Oral Arguments Held in 7th Circuit on Retailer Challenge to Indiana Law

The 7th Circuit held oral arguments on the Chicago Wine challenge to Indiana laws banning out of state retailers from shipping to Indiana residents.  The link to the oral argument can be found here. Judge  Easterbrook, Judge Kanne, and Judge Scudder served on this panel.  Judge Easterbrook noted that there have been a bunch of…Read More

Supreme Court Declines to Review 8th Circuit Ruling for Missouri on Retail Shipping Case

The Supreme Court today issued its order list from its October 8 conference.  The certiorari petition sought to have the court overturn the 8th Circuit decision upholding Missouri’s retail delivery laws.  The 8th Circuit decision noting that the Missouri law does not violate the dormant Commerce Clause stands.   Earlier this year the Court rejected a similar…Read More

New Dormant Commerce Clause Lawsuit Filed in Arizona by a Florida Retailer

A new dormant Commerce Clause lawsuit has been filed in Arizona alleging that state law prohibits out of state retailers from shipping to consumers while allowing in state retailers that right. The lawsuit is filed on behalf of a Florida retailer, its owner, and two Arizona residents. It is filed by the same law firm…Read More

Retail Shipping Case in Illinois Dismissed Before Trial

There is one less dormant commerce clause challenge to the ability of a state to restrict out of state retailers after the case in Illinois was dismissed.   Judge John Lee of the Northern District of Illinois signed the order of dismissal. This case had been slated to start as a trial in September after a remand…Read More